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2004-079 NLB Streetscape Beautification Project Interlocal Agrmt. with FDOT_U.S. 1 to Southwind~• RESOLUTION N0.79-2004 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, ATTACHED AS EXHIBIT "A", WHICH AGREEMENT FACILITATES THE CONSTRUCTION OF A STREETSCAPE BEAUTIFICATION PROJECT ON NORTHLAKE BOULEVARD FROM US HIGHWAY ONE TO SOUTHWIND DRIVE WITHIN THE VILLAGE, AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village. Council of the Village of North Palm Beach, Florida, does hereby approve the Local Agency Program Agreement with the State of Florida Department of Transportation, attached as Exhibit "A", which agreement facilitates construction of a streetscape beautification project on Northlake Boulevard (State Road 850), from US Highway One to Southwind Drive, within the Village of North Palm Beach, Palm Beach County, Florida. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Local Agency Program Agreement with the State of Florida Department of Transportation, set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASS,FD AND ADOPTED THIS 9th DAY OF DECEMBER, 2004. l~(~ (~ (/r ~~i~. ~~Village Seri) .., ;.- ~~ , r t .~ f', < <. ~, °°ATTEST: ,;,~~~ • ~- ~~~~ VILLAGE CLERK U State of Florida Department of Transportation szs-oio~o ~. LOCAL AGENCY PROGRAM AGREEMENT PROJMGT,RESEARCHBDEVOFC OGC -11/03 . ~ Page 1 of 12 FPN No `'r ~ `j ~ `{ ~ ~ i ' ~ ~-~' i Fund: ~ ~=- FLAIR Approo: Federal No: Org. Code: SSb ~-l 3 ~ l Q `t o'-( FLAIR Obj.: '7`14 ~ `~ ~' FPN No. Fund: FLAIR Approp: Federal No: Org. Code: FLAIR Obj.: County No. Ql ~ Contract No: Al ~ 1 Vendor No.: ~ r 5~to O t'l y~, a s e 1 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this ZS day of --~~ /V `Z.cao ~ by and between the STATE OF FLORIDA Dj=PARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and 'Vic-~..i+G~ C~(-' ~orc-~ t-+ Pr~~w~ i3ti.~ e t~ hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in ~~R UTi t- iC!}-T! n ty and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the-terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) ~ I L are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before ~_` ~C£M (?~(~ 3 (_ ZC~a~ If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 525-0tf)~0 CONSTRUCTION OGC -11 /03 Page 2 of 12 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department --°--much-data-reports;-records contracts,-and-other_documents.rela.ting.to.the.-project_as the_Department and the_ _Fe_de_r_al - -__ __ _ tlhway Administration may require. 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $ 500,000.00 .This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual amount of Federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only-from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. if the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. - 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds: Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, .and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported, the Department 'gall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation. .!here correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. 525-010-40 CONSTRUCTION OGC • 1 ~/03 Page 3 of 12 For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, --- -`"p-Agencyshall promptly-reimburse-the =Department-far.-all-such--amo~nts_wifhia 99-days of written notice _,_ _ __ • timate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of x.00 Project Es funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs:- All costs charged to the project, including any approved services contributed by - the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards i.n its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular 133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned ms are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. 52501040 CONSTRUCTION OGC • 11103 Page 4 of 12 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year ~iit findings, including corrective action and current-status`ofthe-audit finding-is required= urrent~ear--au i -m in-gs_ --___ •uire corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authonzed agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement fior refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida Statutes) All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1)(b), Florida Statutes) If, after project completion,-any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under ,y agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made ~in sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach ~~ contract by the Department. 525-0100 CONSTRUCTION OGC -11 /03 Page 5 of 12 "--" OO The Department's-0bli'gations:=-Subject-to-other-provisions-hereof; -the-Department will_honor:requssts_:for __- __;_._._ .__.__. •nbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out „~ the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect, by notice in writing, not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in Lieu of the FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty (120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations-under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of.(a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected .within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and ntracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which .e financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions 525-0100 CONSTRUCTION OGC -1 1 /03 Page 6 of 12 imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the _ __ --~'~pai~trnent nay-otherwise have arising out-of-this Agree-meat: ----- _.___._ . ______..__..____ .__.__-_ __..______:__ _ • 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third parry with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part urith Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to this Agreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federal-aid contracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: . The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered. "debarred," "suspended," ineligible," "lower tier covered transaction,' participant," "person, primary covered transaction, "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and •~verage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a opy of those regulations. 525-0100 CONSTRUCTION OGC • 11!03 Page T of 12 The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person ---who is~debarred;-suspendedj-declared-ineligible;-ar-voluntarily-excluded--from~ar_ticipation_:in-:~his_cov~resi_~ran~ac_tian.,_- --___.. ...less authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs° (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension., Ineligibility and Voluntary Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color., sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated. during employment without .regard to their race, age, religion, .color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all contracts modified only to show the -particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI -Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Trarisportation issued thereunder, and the assurance by the Agency pursu-ant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. ~.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by one ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto. 525-010-00 CONSTRUCTION OGC -11/03 Page 8 of 12 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction ;:_ = a public entity crime may-not-submita bid on-a contract to provide any-goodsor serwees-to-apublic-entity=may=not ----- ----- •~mit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories; or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United States shall .be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13:01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 3.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, •~rees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 525-010-40 - CONSTRUCTION OGC -11 /03 Page 9 of 12 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the =ovisions of the Agreement violate any-applicable-state-law;-the Agency-will-at-once notify the Department in-writing-in- -=- - =-- •9er that appropriate changes and modifications may be made by the Department and the Agency to the end that the agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall .indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation., settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision. of law. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including. those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This. Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the yarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any operative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. 525-010-40 CONSTRUCTION OGC • 11 /03 Page 10 of 12 !f any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of ongress;-nr ate employee-of-a-member of Congress in connection with this ~,greemeht;-the undersigned.-shall--complete=-=--- --_-:_-- ~~d submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency steal! require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency will Q will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the. bid specifications, purchase order, or contract specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due ~ and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one dollar ($1~) will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's • Hotline at 9 -800-848-3792. iN WITNESS WHEREOF., the parties have caused these presents to be executed the day and year first above written. AGE Village o orth a each Title: il:t.age ayor attest: Title: Vi._lage Clerk As to form: I At rney Vi age Attorney STATE OF FLORIDA DEP ay: Title: Attest::,, Title: ENT OF TRANS OF See attached Encumbrance Form for date of funding approval by Comptroller. 525-010-40 CONSTRUCTION OGC - 11!03 Page 11 of 12 __._ --=-==` -~--- -=-- --='= ----=- - - _.. _ 4.0484b-1-5.8 O1 .... _ -FPN_ND_-__-----__.----------------- • EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and The Village of North Palm Beach, Palm Beach Count Dated 12/15/04 PROJECT LOCATION: SR 850 (Northlake Blvd.) from U.S. ail to Southwind Drive, Village of North Palm Beach, Palm Beach County, Florida The project Q is ~Kis ,,^,ot on.the National Highway System. The project ~ is Q is not on the State Highway System. PROJECT DESCRIPTION: Northlake Boulevard Streetscape Construction,Phase I, from_U.S._~~1-to Southwind Drive _ - SR 850 (Northlake Blvd.), North Palm Beach, Palm Beach County, Florida. Project includes; Beautification, planting trees-scrubs, curbing, irrigation and traffic signs. SPECIAL CONSIDERATION BY AGENCY: SPECIAL CONSIDERATION BY DEPARTMENT: nds for construction in the amount of $500,000. is in the year 2004/2005. The agency should not tart any construction until they receive a fully executed ageeement by all parties with a N e To Proceed" from the Department. Any request for reimbursement prioli to the executed c act and "Notice To Proceed will not be entertained by the Department. '• 525-0100 PROD MGT, RESEARCH & DEV OFC OGC -11/03 Page 12 of 12 .AGENCY NAME & BILLING ADDRESS FPN. No. ~t ' sr~re op rLOniw cevan~rnr ov rnu+svoer~rww UI ~-~FI (~E r7~ W , PA L ~ d EH L f-F LOCAL AGENCY PROGRAM Q / ~ / Q So ( V.S.`'1 AEXHEBIITEB'T ~ ~ `' V ~ t~ ~[ ~ ~v -~ / N , ~RC-r^ I~ ,`i~ _ 1~ ~ , ,~Z ~ O ~ SCHEDULE OF FUNDING PROJECT DESCRIPTION Name 1"O~ iZ1 ZP ~ ~ lJ~~'o i3~y ~j~~ r~~n nd~J S(Z ~S5 ~ Length j .2- M i Termini FUNDING TYPE OF WORK b Fiscal Year (1) TOTAL PROJECT FUNDS C2) AGENCY FUNDS l3) STATE 8 FEDERAL FUNDS P.E. 2003-2004 2004-2005 2005-2006 Total PE $0.00 $0.00 $0.00 Right-of-Way 2003-2004 2004-2005 2005.2006 Total Ri ht-of-Wa Cost $0.00__ .._ _ .. __ _._ _ . ._ $0:00 _ __ 0.00 ,. _.. Construction 2003-2004 2004-2005 ~ CO n 5~'I9 i O C~ U 2005-2006 2006-2007 Total ConVact Costs ~ p~~B~gB' $0.00 Construction Engineering and Inspection 2003-2004 2004-2005 2005-2006 Total Construction En ineerin $0.00 $0.00 $0.00 g g Total Construction Cost ~t7 Qpp ~B' $0.00 S~U p ESTIMATED TOTAL COST OF THE PROJECT S~Do ODO ~~$ $~.~~ S'7~ t' OnO ~$~~ The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after .~tJ L `~ 1st each Tiscal year. The Department will notify the Agency, in writing, when funds are available. • - ~ - ~ ~ ~ - CONSTRUCTION OGC -11103 - -EXH181T L t_andscape Maintenance Agreement Article 13.14 is expanded by the following: department and the Agency agree as follows: 1 _ Unti[ such time as the Project is removed from the project highway pursuant to paragraphs 3 and 5 hereof, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards and procedures (Project Standards). Specifically, the Agency agrees to: (a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects;. (b) Properly mulch plant beds; (c) Keep the premises free of weeds; (d) Maw and/or cut the grass to the proper length; (e) Properly prune all plants which responsibiiify includes (I) removing dead or diseased parts of plants or (II) pruning such parts thereof which present a visual hazard for those using the roadway; and (f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original "Project Standards." The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below "Project Standards" caused -by.the-Agency' ..faii.u.re.to- ma.intam the_same in accordance with the provisions of this paragraph. In the event any part or parts of the project, including plants, have to be removed and ~eplacedforwhatever reason, then they shall be replaced by parts of the same grade, size and specification as provided in the original plans far the project. Furthermore, the Agency agrees to keep utter removed from-the project highway. - - _ --- 2. Maintenance of the project shall be subject to periodic inspections by the Department_ (n the event that any of_the _ aforementioned- responsibilities are not carried out or are otherwise determined by the Department to be not in conformance with the applicable project standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any or all of the project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent State road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove a({ or part of the -project at its awn cost. The Agency will own that part of the project it.removed. After the 6Q day removal period, the Department will became the owner of the unremoved portion of the project, and the Departmerit then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of 4. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the Agency fails to perform its- duties under this Agreement following 15 days written notice. (b) 8y either party following 60 calendar days written notice. 5_ {n the event this Agreement is terminated in accordance with Paragraph 4, the Agency steal( have 6C days after the date upon which this Agreement is effectively terminated to remove all or part of the remaining project at its awn cost and expense. The Agency will own that part of the project it removed. After the 60 day removal period portion of the project, the Department then may take any action-with the project highway or all or part of the project it deems best, with the Agency being responslt3l~fi~i`~~ny-rerrrovai-costs incurred- 6. This Agreement embodies the entire agreement and understanding between the parties hereto and there are no otl CONSTRUCTIDN -OGC-11103 _. EXHf81T Landscape Maintenance Agreement agreements or understandings, cral or ~~r:ritten, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This Agreement may not be assigned or transferred by the Agency in whole or in part without consent of the artment~-- ------------~---------...-----_~.-~---- ---------------------------.....---- 8. This Agreement shat[ be governed by and construed in accordance with the Paws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return .receipt requested or by telex or telegram: (a} If to the Department, addressed to: ST~yE...Go~tpT. -G:oCia~.-..~~.~NG ~fLoGRDi'vt..r'.o.MINI~TdZGJTolZ.. 34oa W . Conr~n,~G-irt.c~,y~~. C'~~Jp L~UOE2i~~LE ~'l. 3~3~`i or of such other address as the Department may from time to designate by written notice to the Local Agency; and (b) If to the Local Agency, addressed ta: Bt~C;: ~Ecy~s©-cJ .-f3~~L1~~t.JG_ ©~rac-~~-. 6 4 5 t~ t'LO 5 PEr-~T~, t-~cz.Ms ~ . - f~o~.--~L3 1~~~-t-~ l~c--rbc~ E-t,-__ 3 3-qog T-----._ or at such other address as the Agency may from time to time designate by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of a[I such notices, demands, requests and other instruments. • 01/07/2005 _15:53 5616265869 NORTH PALM BEACH PAGE 02/02 STATE OF FLORIDA DEFRRTMENT OF rRAUSPORTATON SfS095-09 LOCAL AGENCY PROGRAMlFDOT NO ADDITIONAL alar+roowro~ RIGHT OF WAY CERTIFICATION RM! ITEM;SEGMENT NO.: MANAGING DISTRfCT: CONST. ITEM SEGMENT NO.: STATE ROAD: 850 F.A.P. NO.: ~ ~ ~' ~C~~1.~~~ DESCRIPTION: Norhtlake BI, US 1 to Southwind COUNTY: PALM BEACH Dr. Land scaping and Sidewalk Improvement. PREFERREa LETTING DATE: 1/12/2005 LOCAL AGENCY: Village of North Pafm Beach This is to certify that right of way for the above described project meets the requirements of 49 CFR, Part 24 and 23 CFR, Part 635,309, if applicable, as well as statutory and procedural requirements for: ® Federal Construction Project ®State Highway System Project ^ Non-federal Construction Project ~ Non-State Mighway System Project ^ Scenic Enhancement Project (no construction) as detailed below; (Check applicable items) 1. ,T1TJ.EJQBLG~F WAY ® No additional right of way was required for this project. 2. RELOCATION ASSISTANCE ® No persons, businesses, or personal property have been or will be displaced by this project. 3. DEMOLITION OF IMPROVEMENTS ® No structures or improvements have been yr will be removed from the right of way for this project. RIGHT OF WAY CERTIFfCAT10N BY THE AUTHORIZED LOCAL AGENCY REPRESENTATIVE: / O~ Na a (printed): Hal Beard Date Title: Public Works Director Agency: Village of North Palm Beach RIGHT OF WAY CERTIFICATION BY ~ . ~ ~ i ~~ District Right y Manager Date Assistant Dlstrlct Right of Way Manager ,• i ,. �. �. r �. ,. -� z �; �� � . 06/01/2004 09:37 5618632505 MICHAEL REDD & ASSOC PAGE 01 i-wt*ik*rr**~tstt*****}*t*~Ir,-***tts*trr* F A X • T R A N 9 M I T t A L M L AA O T0: NO.OF oEPr_ V ~Py ~ ~: paefa FROM: ~MONE: ~~•!~~ /~ C0: FAX N: ,~~~ Pos1aH'"b~and sx transmlttsl memo 78'71 ~~~i0„3 ~I~.,L, Q~dh3'ZC1C~~ ~X~IH,1.~i~I1I -,~ Y • _y + Ar :~ r.. - '~" o '= ~ z t ~ 1 u ~ :' n`~y6 SILV fq/C,_ ~ ~y~s_tl)11W t i ,~; . ~~ TAHG EW00 V ~ ~~q z: ~;. p ~F; ~'. ~ , rS ~5 .; ~:~~ ~-:"Y.y} .5 a '_"~ ^¢~a, sa~nav+i;~, ~ ~ . y~I-~~ GI' 8 , .{7+ J ~ .L' r C7'. t t l'.. / Y !i I ~• 7 o i -l1 _ y \s rr i r ati 'n ~ ~ 3~ c`e 1, ~ rn~ ± , r5,3 ~ `~ ah;~s~ P . \ , jt. 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'~ ~ ;3 NO 56 `, ~ CIR ~ ' ~xv.3x= N 3 OMNGF ~ E' ~' 3,' ° ~y q ~ o ~. ~ -,, _ N KIWAN DR \ ~1 DR pP i =F ABAL PALM ~ ¢ _. ~ MAR r ~ c ~ BURM CT ~ 'm No ~ 0 ~ ~~ DR^ o ~ ----DR -~ERBRd6K ~ ¢ * w~ww ~ `~ ~,'~ SKIWANDR ~\ ^` P ,~ ~ 9 R ^, s 9 4,~ O Q L ,n ~ ~;; Ns L A ~~ BLVD 7 GATEWAY RD ~ N ~ `M\P C~ L ~~~~ fKgC M ADR O a 9~ N ~ ~ --r; w ~ a ¢ VD \ ~ '!,P \0E ,;,, q V~Q' JASMINE D R AV J 9 ~ v DA ~ ~; . _ , } ~ WILL~if~~ ST ~ BPS ~ N, ILEC C G T A ~ E IL ~ DR AV 1 E a ° ~' ~ • " ~ ~ WATEA TOWER RD W~`\E HAWTHO NE R W HAWTH RNE N DR pV H vEY s ~ LAZY I--- BETTY ~ ANN CT ~ ~ ~ ~ z o ss:~::~~r-~~~+:~~v„c°„m ~ GAEENB IAA ~ ~ m y -' pR pV G O,s,~ F HAMM~KAD CONSUMER STS=' ROYAL 0,9 ° ~ v ° ¢ '`^~ an .n L - ~- o ~ ~ w ~ ~ B NYAN. ~ ~' AR ~ C 7 Irk -r-~' 1 AV" " FWE,AN '~T'AL P 2 u. ° OAK DR n. ~ ~ ~ KINETIC AD ARK \ FORESERI FD DR AVF 1411 1 GAOVE POINT AD = INVESTMENT W ~' R\PEI'V EVER EEN p 2 OLD FORREST RD ~ ° r" JOULE RD o pV E ' AV FOUR a ~ S FlSCAL a CT a ¢ ¢ \ DATar Ud ~ DA AV 3 SEA NS RD g o, CYPR S6 ° ~ T w Z c3 $r N A \ R K ~ \'_ DR AV z ¢ R S S ~ SHARES PL ~ SILVER BEACH RD ~ w G \ ~ BAVBE AY B C _0141] DR pV8 RD ~'~' ~,~ , Tom. CENTRAL anal AEESE AV ~~ `' t~~~~h;~~e'~'tr~~x~~-1 37 ~~', k ~~. ~. s~~ STS~~ + .: ~w ~ Y ~¢ ... ~ W t1,T: ~~ . i°, a I INDUSTRIAI ~ 2~ ~?.+.. _M-_ 3vJa?a~'d: ~v -~ 6 ,5,:: .. s.Li:. S7 '' T rrd z° 37 ` ST„ ¢ r~r. .TYPE 7 PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST =FM==NO .-: _.__ __CONTRACT;NO. _ _ _ ___. ~ROJECT LOCATION: SR 850 (Northlake Blvd.) North Palm Raarh, Palm RAa,.h r~i~t;~, Far~da PROJECTDESCRIP.TION: Sx 850 (Northlake Blvd.) from u.s: ~tl to southwind Drive Beautification of planting, trees, shrubs, curbing and traffic signs. ... YES ' NO QUESTIONS Are the impacts to local traffic patterns, property access, community cohesiveness, ~ planned community growth or land patternss_not adverse? Are all air, noise, and water quality impacts negligible or non-existent? ~ - -- .. -; N/A If there is wet land involvement, does it qualify for either Nationwide or General . Permit? No Wetlands involved. Can the project proceed without a U.S. Coast Guard Permit? Are any or ali flood plain encroachments not significant in accordance with Fart 2, ~ Chapter 24? Will endangered and threatened species and their critical habitats remain ~ unaffected? Is there no right-of way_or an insignificant amount of right-of-way required for the - -, ~ __ _ - .project?......--- ------ ------ - ---- - - - --------- ---- -- ~ Are the residential or business relocations for the project not significant? Is Section 4(f) not applicable to the project? .Have properties protected under Section 106 which are taken, used or in close N/A proximity to the project been identified and if applicable reviewed by SHPO, and has a determination of "No Effect" or No Adverse Effect" been given?: No properties.-..taken Has the contamination involvement not significant? ~ "~ - ` _. ~ The project does not require. a public hearing or an opportunity fora _public hearing? IMPORTANT If the answer to any of these questions is NO, then a Type 1 or Programmatic Categorical Exclusion does not apply. . Figure 3.2 Type 1 and Programmatic Categorical Exclusion Checklist (continued) Rev. 10/31/97 PART 1, Chapter 3 3-25 REQUEST FOCHECKLOIST p,TION (RFA) Federal Aid Project No. ~ --- ............. -----------__.__ --- -~--------~--.._..-- .. -. FM No. ft- w ~..,~.... `Project Location: ¢ -~ - is T otiJ * Scope of Proposed Work'for this RFA (Detailed Explanation): - t--A'~O e ~ _ o - - _ . - .. - Yes --= -. 1. Project is on approved Federal Aid system: -~~YeS _--- No *Z. Sketch Map is included in package: Yes -- _-~- 3. Advance notification sent: overnrrfefltal ~~/ _ No 4. Project exempt from the lnterg Yes . Coordination and Review (formerly A-9~) . -- .Yes ----- No 5. Location Approval Granted: ~ ~ ~ Yes ._----- 6. Design Approval Granted: y/o y 8c.~ (~ - ~ - 58 - © / '7. The environmental document was processed under WPl # ~= FM # and Federal Aid Project# - "Programmatic" check one) (_~ 23 CFR 771.117(c) or (_~ ' '- ted-in the Pcoject_Development and Environmental: Manual COMPLETE TH -- ~8:-The--project js a Categorical Exclusion under ( LICABL`E: This project- Was re-evaluated.in`accordance-with 23 CFR_771.1 on as approved by FH1NA and Us - . FOLLOWING lF APP - -- - checkone) (~~ Categorical Excision under 23 Cr ro ect was a ( raved on i9. The environmental document for ttii~ p 1 ~~ FONSI under 23 GFR 771.121 aPP roved on ~~D 3 0 ~/ ~ , or Final Environmental Impact Statement 771.117(d) app proved on - ~~ Final Negative Declaration a p , A reevaluation in accordance with 23 CFR 771.12 was under 23 CFR 771.125 approved on approved on . e no. of the current STIP. 10. Project is on pag ----- - 11. Project is not __!n the STIP. Please ad it at this time. . 'll not be developed undertheaermov ~ by rida's Certification Acceptance FHWA on August 9, 1991• - *12. This project will -`1'11 Award and Construction as pp program far Final Design Phases, - . no. Award and Construction covered under C es ,__ . ~ - . De,sign.ONLY covered under~CA~-Y. yes ___ na. _-- Additional requirements for all urban areas. urban areas. Item no. _~ of the current TIP far the . • 1. Project is on page no. ~_ ~ . na. . ~ t/~ ~.~e~t-t o r IVorzrt~ --- ~~~~,,~ urban area has been certified ~_Ye 2. The (~n-~-~ -' Addition re uirements for all toll facilities. ~ no. on a toll facility. Project is proposed as a toll facility yes __ 1. Project is __oris nat~_ raects an existing or rior to requesting authorization of p 1 2. A Section 129 Agreement must be executed p . yes, _.:,.__ - -.. ___. ...__. .................. __.... propns.zd.tolt. factliry.-Attache...:-._~. " Required items 57ATE OF FLORIDA QEPARTht_°NT OF TRANSPORTATION 525-010.]0 FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION 08!00 Page 1 of 2 _ DATE: 1 Z~3 It?s"~ ~. AGENCY: l/ 1 l lAQ G flT 0. fe•IW- h~~~J+FEDERAL-AID PROJECT NUMBER: ( ) FIN NUMBER:~{'O~' g~~e ~ ~ STATE JO1B NUMBER/f~~: / TIP PAGE NO.: ' (~ [ PROJECT TITLE: ~~ QN~ D~GIt~IF+c~-t~t'ar t~-1 S~~(5~J drT~+ ~-L~ - ~~a~ PROJECT TERMINI FROM: U S ~ ~ TO: SJvT"`''~ / ~"~ ' WORK PHASE: ^ P{ANNING ^ ENVIRONMENT ^ DESIGN [t7f CONSTRUCTION ^ RIGHT OF WAY AWARD TYPE: ^ LOCAL ^ LOCAL FORCES ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on ,and reevaluated on . EA/FONSI approved on ~ - ,and reevaluated on Categorical Exclusion: ` • ~• ~ " ~ , ~ _ Programmatic Categorical Exclusion determination on ~ D o 3 le ~ - _ " Type I Categorical Exclusion determination on ~~G 3 ~D 5< Type II Categorical Exclusion approved on Categorical Exciusion Reevaluation on ' • TOTAL LOCAL AGENCY STATE FEDERAL FUND PERCENT FEDERAL OBLIGATION DATE PHASE ESTIMATED COS - -=-FUNDS- ---FUNDING (Nearest dollar) ,.... FUNDS _ _ Month / : Year- (Nearest Dollar) ( ~ Nearest Dollar ( ) Nearest Dollar PLANNING- _- --- _ --~------ - - PDS~E DESIGN R/W CONST. tjOd ObO~ 5040100~~ '~~~o. ~~ ~~ TOTAL SOO 000 ~`° Sa0' O 00 ~ 1 D Oe a DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) ' • Roadway Width: Number of Lanes: Bridge Number(s) on Project: ~' DESCRIPTION OF PROPOSED WORK ^ New Construction ^ 3-R ENHANCEMENT ^ CONGESTION MITIGATION Roadway Width: Number of Lanes: Bridge Number(s) on Project: LOCAL AGENCY CONTACT PERSON: j TITLE: v ~ . n - Lea MAILING ADDRESS' Y o G./ i Q Y -tn PHONE ~.3 a • cITY: N„ Q,,~„ L coo a LOCATION AND DESIGN APPROVAL BY: /2/03`~~ 171-( g • ~AGeSO1V / ~• TITLE: ~/• ~~Jv DATE: v 1 wrCCTi c..~-~/ NLLI~~ . ~.. AGENCY: ~ ~~ PROJECT TITLE: ~ r~~,. ~~ j~,e,.~ ~ p yr DATE: 525-Ot0.30 CONSTRUCTION 08JW Page 2 of 2 ~~~ ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: N~~ RIGHT OF WAY AND RELOCATION: .... .' -- ~ ~/ 1 .THIS PROJECT_HAS_BEEN.REVIEWED_8Y_THE-LEGISLATIVE-BODY_OF THE ADMINISTRATION AGENCY OR P;GENCIES,_OR____ __- ITS DESIGNEE, AND IS NOT INCONSISTENT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. ' AGENCY: ~' ~ ~ ~ T 0/'7T~ ! a M /~~+CC~ DATE: ~ rL ~ 4 6 ~( BY: (Mayor/Chairman) • TOWN OF LAKE PARK MAINTENANCE AGREEMENT DISTRICT FOUR (4) DSF-MAINTENANCE THIS AGREEMENT, made and entered into this day of 20Q4, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, acomponent agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY of LAKE PARK, a political subdivision of the S tate of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETIi: WHEREAS, as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a six 6 lane highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape areas outside the southern perimeter of the travel way to the right of way line, including sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, and sidewalk replacements as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and . Oa - Cf-l -0.3 WHEREAS, the AGENCY by Resolution No. dated ~~- ~ ~-- , 200, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The AGENCY hereby agrees to install or cause to be installed landscaping, irrigation, and sidewalks on the highway facilities as specified in plans and specifications hereinafter referred to as the Project; and incorporated herein as Exhibit B, with if any, the following exceptions and conditions: , A. The current Florida of Department of Transportation Roadway and Traffic Design Standard index 546 must be adhered to, B. Clear zone/horizontal clearance as specified in the Department's Plans Preparation Manual -English Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets. C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs, • _ - - - - RECEIVED NOV 1 2 2003 BY: D. If irrigation is to be installed, the Department shall be provided accurate as built plans of -:_ . r _. _~ _ __ °- - `the system so if-in the-fiture~ttierels=a-need'-for= e=Department~o perform=work-ln the== - '=== area, the system can be accommodated as much as possible, E. If it becomes necessary to provide utilities to the median or side areas (water/electricity) it shall be the AGENCY'S responsibility to pay for all cost associated with those utilities and to obtain a permit for such work through the local maintenance office, F. During the installation of the project and future maintenance operations, maintenance of traffic shall be in accordance with the current edition of the MUTCD and the current FDOT Design Standards (series 600), G. The AGENCY shall provide the local maintenance office located at 7900 Forest Hill Boulevard, West Palm Beach, Florida, atwenty-four (24) hour telephone number and the name of a responsible person that the department may contact, H. If there is a need to restrict the normal flow of traffic it shall be done on off peak hours (9AM to 3PM), and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the project. The Department's PIO (Public Information Office) shall also be notified. I. The AGENCY shall be responsible to clear all utilities within the project limits. J. The AGENCY shall notify the local maintenance office forty-eight (48) prior to the start of the project: Andy Vallancourt 561-432-4966. 2. The AGENCY agrees to maintain the landscaping within the areas outside the southern perimeter of the travel way to the right of way line, including sidewalk, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, irrigation repairs, and sidewalk replacements as needed following the Department's landscape safety and plant-care guidelines. The AGENCY'S responsibility for maintenance shall include all landscape/turfed areas and areas covered with decorative concrete or similar type surfacing (hardscape) within the northern perimeter outside the travel way to the right of way line, including sidewalks. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual safety hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standazds. All plants removed, for whatever reason, shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the areas along the southern perimeter outside the travel way to .the right of way line. Plants shall be those items which • would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. -- -----The---above-named--functions-to-be--performed-by- the=AGENEY~=shall=be=-subject==to -periahc===----=_- ~- • inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. 3. If at any time after the AGENCY has undertaken the landscaping installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Maintain the landscaping or a part thereof, with Department or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by Department or contractor's personnel, all of the landscaping/hardscapes installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscaping and sidewalk covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the Department may remove same. 5. The AGENCY agrees to perform the final inspection and provide written certification that all safety requirements have been met and for acceptance of the Project. 6. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (b) By the Department, for refusal by -the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. • _ _ - - - -- 3 -- -- _._- -__-~.,:v _:~-:The-ter-m-oft~is-Agreement-commences~upon-execution:--_-__------- ~ _------=-==-- -, _ 8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S negligent performance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement. 9. The AGENCY may construct additional landscaping within the limits of the rights-of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. (b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement- with regard to any additional landscaping installed at no cost to the Department. 10: This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject __ _ matter hereof-that ate not merged herein and superseded hereby. 12. The Department, during any fiscal year, shall not expend money, incur and liability, or enter into any contract which, by. its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year. • 13. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 4 VILLAGE OF NORTH PALM BEACH MAINTENANCE AGREEMENT MAINTENANCE MEMORANDUM OF AGREEMENT DSF-MAINTENANCE THIS AGREEMENT, made and entered into this 21 day of M~.+~~-4- 2003 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, acomponent agency of the State of Florida, hereinafter called the DEPARTMENT. and the CITY of NORTH PALM BEACH, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS; as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a six 6 lane highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the northern perimeter of the travel way to the right of way line, including sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, and sidewalk and median concrete replacements as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No.18-2003 dated March 27 , 2003 attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY is hereby granted permission to install or cause to be installed landscaping, irrigation, and sidewalks and median concrete on the highway facilities as specified in plans and specifications hereinafter referred to as the Project; and incorporated herein as Exhibit B, with if any, the following exceptions and conditions: A. The current Florida of Department of Transportation Roadway and Traffic Design Standard index 546 must be adhered to, B. Clear zone horizontal clearance as specified in the Department's Plans Preparation Manual -English Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets. C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs, --- D.--If ir-rigation-is-to-be=instal-led;_.th.e-Department_shallhe>pr9videsl_.a~~~t_c~_te as_built,plans of,_: __,.__._ the system so if in the future there is a need for the Department to perform work in the area, the system can be accommodated as much as possible, E. If it becomes necessary to provide utilities to the median or side areas (water/electricity) it shall be the AGENCY'S responsibility to pay for all cost associated with those utilities and to obtain a permit for such work thought the local maintenance office, F. During the installation of the project and future maintenance operations, maintenance of traffic shall be in accordance with the current edition of the MUTCD and the current FDOT Design Standards (series 600), G. The AGENCY shall provide the local maintenance office located at 7900 Forest Hill Boulevard, West Palm Beach, Florida, atwenty-four (24) hour telephone number and the name of a responsible person that the department may contact, H. If there is a need to restrict the normal flow of traffic it shall be done on off peak hours (9AM to 3PM), and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the project. The Department's PIO (Public Information Office) shall also be notified. I .The AGENCY shall be responsible to clear all utilities within the project limits J. The AGENCY shall notify the local maintenance office forty-eight (48) prior to the start of the project: Andy Vallancourt 561-432-4966. 2. The AGENCY agrees to maintain the landscaping within the medians and areas outside the northern perimeter of the travel way to the right of way line, including sidewalk and median concrete, by periodic trimming, cutting,_mowing, fertilizing, litter pickup and necessary replanting, irrigation repairs, and sidewalk and median concrete replacements as needed following. the Department's landscape safety and plant care guidelines. The AGENCY'S responsibility for maintenance shall include all landscape/turfed areas and areas covered with decorative concrete or similar type surfacing (hardscape) within the median and areas within the northern perimeter outside the travel way to the right of way line, including sidewalks and median concrete areas. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from, disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual safety hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas along the • northern perimeter outside the travel way to the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, _.:_.- ___--------gr-ass;=-or-shrubs. --------- _ _ - ::---= _:__. _._--=- --= - -- • d f t~ t be erformed b the AGENCY shall be subject to periodic b The a ove name unc ions o p y , inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. 3. If at any time after the AGENCY has undertaken the landscaping installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the AGENCY shall have a period of sixty (60) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Maintain the landscaping or a part thereof, with Department or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by Department or contractor's personnel, all of the landscaping/hardscapes installed under, this Agreement or any preceding agreements except as to trees and palms and charge the_AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that .the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar, days notice to remove said landscaping after which time the Department may remove same. 5. The AGENCY agrees to perform the final inspection and provide written certification that all safety requirements have been met and for acceptance of the Project. 6. This Agreement may be terminated under any one of the following conditions: i ;, ;, '1 i i (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following sixty (60) days written notice. (b) By the Department, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this 3 _ __ --Agr-eement._.--=---------=-- - _ _ • 7. The term of this A reement commences u on execution. g P 8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S negligent performance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement. 9. The AGENCY may construct additional landscaping within the limits of the rights-of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. (b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed at no cost to the Department. 10. _ This writing embodies_the entire agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12. The Department, during any fiscal year, shall not expend money, incur and liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is -null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contractor other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year. 13. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon 4 ___ -- ------_-_tlie_parGies~her~tfl..-__ ._ ..__ r 14. This A reement ma not be assi ned or transferred b the AGENCY in whole or art g y g Y P without the consent of the Department. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. AGFN~v B y: 11~T~T ~I~~~ Cv~.• a At Clerk proval as to Form D t ~ U Vill e Attorney • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: ~~ District Secretary ~-~_ Attest: ~7~~k''- Executive ~~~~~ ~Y (` i"~ ~~ _ ~e 0 ~~ OF TRtiN~/ Approval as to Form Date .~ 5 SECTION N0. 93090000 COUNTY: PALM BEACH S.R. NO.: 850 EXHIBIT "A" PROJECT LOCATION State Road 850 (Northlake Blvd.) from SR 811 to US-1 in Palm Beach County 6 SECTION N0. 93090000 COUNTY: PALM BEACH S.R. NO.: 850 EXHIBIT B See attached plans prepared by Michael Redd and Associates. Dated 11/22/02 ,..,. 7 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, APPROVING AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF LANDSCAPING, IRRIGATION, AND SIDEWALK FACILITIES ALONG A PORTION OF STATE ROAD 850 (NORTHLAKE BOULEVARD) AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAME. WHEREAS, the State of Florida Department of Transportation, as part of its continual updating of the State of Florida Highway System, has constructed and currently maintains asix-lane highway known as State Road 850 (alk/a "Northlake Boulevard") ~ from State Road 811 to U.S. Highway One in Palm Beach County, Florida; and WHEREAS, certain portions of State Road 8~0 in the Town of Lake Park contain landscape areas outside of the southern perimeter of the travel way to the right-of--way line, including sidewalks, which require maintenance by periodic trimming, cutting, _. mowing, fertilizing, litter pick-up, replanting, irrigation repairs and sidewalk replacements WHEREAS, the State of Florida Department of Transportation and the Town recognize the need for an Agreement designating and setting forth the responsibilities of each party with respect to the maintenance of these landscape, right-of--way and sidewalk areas along portions of State Road 850; and WHEREAS, the parties have memorialized the terms of their agreement in the Maintenance Agreement attached hereto as Exhibit "A," whereby the Town o f Lake Park agrees to provide labor, materials and other services relative to the maintenance, repair, replacement of landscaping, irrigation and sidewalk facilities as further specified • in the Maintenance Agreement; and conditions of the Maintenance Agreement and has determined that the scope of services to be provided, the contract price, and other contractual provisions of the Maintenance Agreement are fair, reasonable and in the best interest of the Town; and NOW THEREFORE, BE IT RESOLVED by the Town Commission of the Town of Lake Park, Florida: Section 1. The Maintenance Agreement for landscaping, irrigation, and sidewalk facilities along State Road 850 attached hereto and incorporated herein as Exhibit "A" with the State of Florida Department of Transportation is approved and accepted by the Town Commission. Section 2. The Mayor is authorized and directed to execute the Maintenance Agreement on behalf of the Town Commission. Section 3. This Resolution shall take effect immediately upon adoption. • 2 .:........:The foregoing=Resolut_Q~_was_9f~f~t~:~y_~Qmmissioner "Balius who.. moved .its _ _:. ~f _ adoption. The motion was seconded by Commissioner Longtfn and upon being put to a roll call vote, the vote was as follows. AYE NAY MAYOR PAUL W. CASTRO x VICE-MAYOR G. CHUCK BALIUS x COMMISSIONER PAUL GARRETSON x COMMISSIONER BILL OTTERSON x COMMISSIONER JEANINE LONGTIN x The Mayor thereupon declared the foregoing Resolution No. 29-11-03 duly passed and adopted this 5th day of November 2003. TOV~jN OF LAKE PARK, FLORIDA ATTEST CAROL SIMPKINS, TO CLERK ~, .o ~ ~ SEA r ~~ 0 R.1~~ BY: ~ PAUL W. CASTRO, MAYOR BY, TO • ~, Approved as to form and legal sufficiencv: i i i i i r n z -v 06/01/2004 09:37 5618632505 MICHAEL REDD & ASSOC PAGE 01 •vr~Y*ik****i~i~-i*~k***ttt~t~r#*ir*tts*trrlr F A X ~ T R A N$ M I T T A L M~ M ~ T0: NO.OF FROM: NE: ~''~v0~ L+ C0: FAX lf: ~r'}1.~~~ Vos41t"b~and :Irensmlttsl memo 7871 ~~~o,~ x.~ +a~h~no~ ~x~Hll.~oi~i ~' '•11 .TYPE 7 PROGRAMMATIC CATEGORICAL EXCLUSION CHECKLIST CONT_RACT_NO. _._ ROJECT LOCATION: SR 850 (Northlake Blvd ) North palm Reach, Palm Raarh r.,,,,,,-~,, ~,,,-;da PROJECT DESCRIPTION: sx 850 (Northlake Bivd.) from U.S: i'~1 to Southwind Drive Beautification of planting, trees, shrubs, curbing and traffic signs. Y_ES_ N_0__._ QUESTIONS -- - Are the impacts to local traffic patterns, property access, community cohesiveness, ~ _ --___ _planned community_growth or land patterns not adverse?____ ______ _ _ _____.-._ _ .. Are all air, noise, and water quality impacts negligible or non-existent? ~ _. If there is wet land involvement, does it qualify for either Nationwide or General N/A No Wetlands involved. :Permit? Can the- project proceed without a U.S. Coast Guard Permit? - ~ Are any or ali flood plain encroachments not.significant in accordance with Part 2, ~ Chapter 24? _ Will endangered and threatened species and their critical habitats remain ~ ;unaffected? _ _ ~ Is there no right-of-way or an insignificant amount of right-of-way required forthe .Project?.......--- ------ ------ Are the residential or business relocations for the project not significant? Is Section 4(f) not applicable to the project? .Have properties protected under Section 106 which are taken, used or in close N/A proximity to the project been identified and if applicable reviewed by SHP.O, and has _ _ _ _ ___ a determination_of "No Effect"_or No Adverse Effect°_been given?:_No _pro~erties._. taken ' Has the contamination involvement not significant? _d... _. ~~ , The project does not require, a public hearing or an opportunity for a.public hearing? ~ .. IMPORTANT If the answer to any of these questions is NO, then a Type 1 or Programmatic Categorical Exclusion does not apply. Figure 3.2 Type 1 and Programmatic Categorical Exclusion Checklist (continued) • Rev. 10/31/97 PART 1, Chapter 3 3-25